On July 22, 2010, the Public Employment Relations Board (PERB) assumed the responsibility of administering the New York State Employment Relations Act (SERA), which was performed by the State Employment Relations Board (SERB). Consistent with the legislation granting PERB these responsibilities, we have reviewed the SERB precedent and procedures. Below is what can be expected.
Procedures under SERA Involving Arbitration, Mediation and Taft-Hartley Notices:
The Office of Conciliation, through its Director of Conciliation, will be responsible for handling all inquiries and matters dealing with mediation for initial and successor contract negotiations and grievance arbitration disputes.
Taft-Hartley notices (FMCS Form F-7 Notice to Mediation Agencies) should be sent to the Director by mail to PERB, PO BOX 2074, ESP AGENCY BLDG 2, FLS 18 & 20, Albany, NY 12220-0074, or by email to email@example.com, or by fax to 518-457-2664. Simply send a copy of the completed FMCS Form F-7; Do Not utilize the Request for Contract Mediation Assistance form, referenced below, for this purpose.
Requests for mediation or other assistance in initial and successor contract negotiations should be sent to the Director by mail to PERB, PO Box 2074, Empire State Plaza Agency Building 2, Floors 18 & 20, Albany, NY 12220-0074, or by email to firstname.lastname@example.org, or by fax to 518-457-2664, utilizing the Request for Contract Mediation Assistance form available on the PERB website. This form =should only be used when voluntary bargaining has stalled and the parties =have agreed to seek active mediation assistance. Again, Do Not utilize this form to satisfy the federal requirement that notice of proposed termination or modification of an existing contract be served on state mediation agencies.
Currently, PERB continues to utilize SERB's panel of arbitrators for private sector grievance arbitration only. Requests for designation of a panel arbitrator will be processed in accordance with §§207.3 through 207.15 of PERB's existing Rules of Procedure for Voluntary Grievance Arbitration, which can be found on PERB's website. Please note that these procedures for ranking and designation of an arbitrator differ from those formerly utilized by the SERB. Requests for these services should be filed with the Director by mail to PERB, PO Box 2074, Empire State Plaza Agency Building 2, Floors 18 & 20, Albany, NY 12220-0074, utilizing the Demand for Arbitration form available on the PERB website.
Demands for pro bono arbitration will be returned to filers without an assignment.
Once PERB designates a panel arbitrator to hear a grievance dispute, the arbitrator and the parties involved must make their own arrangements regarding dates and locations for conducting the hearing per §207.15 of PERB’s Rules.
PERB assesses a $50 per party administrative filing fee for all Demands for Arbitration per §207.15 of PERB's Rules. No arbitrator will be designated to a grievance arbitration matter until the fees are received by PERB.
For Adjudicatory Matters under SERA:
The Office of Employment Practices and Representation, through its Director of Employment Practices and Representation, will be responsible for handling all inquiries and proceedings dealing with allegations of unfair labor practices and questions concerning representation.
Unfair Labor Practice charges and Representation petitions should be filed with the Director by mail at PERB, PO Box 2074, Empire State Plaza Agency Building 2, Floors 18 & 20, Albany, NY 12220-0074, in accordance with SERA rules Part 252, utilizing the Filing an Unfair Labor Practice or Petition for Investigation and Certification of Representative forms, which are available on the PERB website.
Please visit PERB's website regularly for updates relating to these procedures. PERB promises to provide the same respect and professional attention to the private sector clientele that those in the public sector have come to expect and appreciate. Thank you for your cooperation.